JSB171 Lecture Notes - Lecture 5: Bailment, Equitable Remedy, Victorian Railways
Document Summary
Does not refer to actual property i. e. land. It is recognised by the law that some people may have legal title to certain property: see doodeward v spence (corpse is not personal property), r v kelly (parts of a corpse may be personal property). Immediate right to possession not in possession but have the right to gain possession (e. g. when you have lent your car to a friend). Trespass to chattels: a direct interference with personal property in the possession of the plaintiff. Conversion: dealing with personal property in the possession of the plaintiff in a manner inconsistent with their rights of possession. Detinue: the wrongful detention of goods after a demand has been made for their return. The direct interference with personal property in the possession of another without lawful justification. The plaintiff must have actual or constructive possession of the chattels at the time of interference.
